R.Mathavan v. The Commissioner of Town Panchayats,
WP(MD)/29277/2025 · 2026-07-27
M Dhandapani
Transfer Petitionbody2025
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[ 2025 DAILYLAW 9058 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9058 (MAD) · dailylaw.ai ]
Judgment text
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W.P(MD)No.29277 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2026
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.29277 of 2025 and WMP (MD) Nos.26975 of 2025 and 4137 of 2026 R.Mathavan
... Petitioner(s) vs.
1. The Commissioner of Town Panchayats, Mrc Nagar, Raja Annamalaipuram, Chennai - 600 028.
2. The Assistant Director of Town Panchayats, Tirunelveli Region, Tirunelveli.
3. The Executive Officer, Udangudi Selection Grade Town Panchayat, Udangudi, Thoothukudi District - 628 203. ... Respondent(s) 1/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.29277 of 2025 PRAYER : Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, calling for the records in relating to the impugned order of the 3rd Respondent dated 22.09.2025 in Na.Ka.No.495/2024 and quash the same and consequently forbear the respondents in any manner from disturbing the peaceful possession of the petitioner and from disconnecting the Electricity connection in respect of Shop No.9, Bus Stand, Udangudi, Thoothukudi District. For Petitioner : Mr. J.Parekh Kumar For R1 to R3 : Mr.M.Mahaboob Athiff, Counsel for State O R D E R This Writ Petition has been filed challenging the order dated 22.09.2025 passed by the third respondent and consequently, to forbear the respondents in any manner from disturbing the peaceful possession of the petitioner and from disconnecting the Electricity connection in respect of Shop No.9, Bus Stand, Udangudi, Thoothukudi District.
2. The learned counsel appearing for the petitioner submitted that the petitioner is the lessee of Shop No.9 situated in the Udangudi Bus Stand under 2/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.29277 of 2025 the control of the third respondent. According to the learned counsel, the lease is valid up to 31.03.2028 and the petitioner has been running the said shop for his livelihood. However, all of a sudden, the third respondent passed the impugned
order directing the petitioner to vacate the shop on the ground that the existing bus stand is to be demolished for reconstruction. Challenging the said order, the present writ petition has been filed. 3. The learned counsel further submitted that when the lease is valid up to 31.03.2028, the third respondent has no authority to direct the petitioner to vacate the shop before the expiry of the lease period merely on the ground of reconstruction. 4. Per contra, the learned Government Advocate appearing for the respondents submitted that an identical issue came up for consideration before this Court in W.P.(MD) No.20911 of 2025 relating to the Reddiarpatti Bus Stand. This Court, by order dated 31.07.2025, directed the shop owners/lessees to vacate and hand over vacant possession of the shops within a period of fifteen (15) days. Liberty was also granted to the shop owners/lessees to submit applications 3/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.29277 of 2025 seeking priority in the allotment of shops in terms of Part II of the Tamil Nadu Urban Local Bodies Rules, 2023. The learned Government Advocate further submitted that the petitioner's licence/lease period has already expired and no material has been placed before this Court to establish that the lease has been validly extended up to 31.03.2028. Therefore, the writ petition is liable to be dismissed. 5. This Court has considered the rival submissions made on either side. Since the issue involved in the present writ petition is squarely covered by the order passed by this Court in W.P.(MD) No.20911 of 2025, this Court is inclined to follow the said order. 6. Accordingly, the writ petition is disposed of. The petitioner is granted fifteen (15) days' time from the date of receipt of a copy of this order to vacate and hand over vacant possession of the shop to the respondents. It is open to the petitioner to submit an application claiming priority for allotment of a shop in accordance with the provisions of the Tamil Nadu Urban Local Bodies Rules, 2023, and if such an application is made, the respondents shall consider the same 4/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.29277 of 2025 in accordance with law. No costs. Consequently, the connected miscellaneous petitions are closed. 27.07.2026 NCC : Yes / No Index : Yes / No Internet : Yes PKN To
1. The Commissioner of Town Panchayats, Mrc Nagar, Raja Annamalaipuram, Chennai - 600 028. 2.
The Assistant Director of Town Panchayats, Tirunelveli Region, Tirunelveli. 3. The Executive Officer, Udangudi Selection Grade Town Panchayat, Udangudi, Thoothukudi District - 628 203. 5/6 https://www.mhc.tn.gov.in/judis
W.P(MD)No.29277 of 2025 M.DHANDAPANI
,J.
PKN
ORDER MADE IN W.P(MD)No.29277 of 2025 DATED : 27.07.2026 6/6 https://www.mhc.tn.gov.in/judis